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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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We have been tenants at a property for 16 years, the

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Hi we have been tenants at a property for 16 years, the landlord recently sold the property at auction. We received a letter from the auctioneers explaining what was going on and in bold and underlined they have stated ‘The property will be sold as an investment, and your tenancy at the property will not be affected. It seems however, it has been sold to someone who wants to use it as their private dwelling. Is there anything we can do?
JA: What steps have the landlord taken so far? Have they prepared or filed any paperwork?
Customer: The property sale has gone through.
JA: Have they talked to a lawyer about this?
Customer: Sorry have who talked to a lawyer?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No we just want to know where we stand really.

Good morning. I will assist with your question - be aware this is an email not chat service.

what have you received and who from telling you this?

Customer: replied 1 month ago.
Hi we have only received a letter from the landlords property agents informing us that the land
Lord had decided to sell the property. Apart from this we have only received a letter from the auctioneers with the date of the auction and that it would be sold as an investment so our tenancy would continue. I am hoping I have attached a copy of the auctioneers letter.

That was obviously the situation at the time but people are entitled to change their mind and this appears to be one of those set of circumstances. However under the Corona Virus Act they currently have to give you 3 months notice.

They cannot give you that in the first 4 months of the term or any renewal of the term and they cannot give you notice to expire before the end of the term or any renewal. If you don’t move out when they have given you the requisite three months notice they would then need to take you to court for an order for possession and if you still don’t move out, take you to court for a warrant for possession where Bayliss would come in physically throw you out.

You might want to think about moving in the short-term and then, if you get notice, start to look in earnest because you then have three months.

I’m sorry, I know it’s not the answer you wanted but they are not bound by what you were told by the agent.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 1 month ago.
Hi just one more thing please. The people who have purchased the property want us to continue to pay rent in the meantime, and as the rent was due, and we thought they had purchased it to rent out to us, we have made a rental payment to them, it was only after this payment was made that it was clarified that the property was purchased for their own use, but we have not had any paperwork from them for a tenancy agreement etc. Were we right to make the rent payment, do we have to continue to pay rent to them while we look for somewhere else?

Regardless of what’s going to happen to the property you are obviously still applies to pay rent albeit that you now have a different landlord.

You don’t need a new tenancy agreement they do have to give you new contact details although if you let through an agent, those agents details would normally be sufficient.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith and 2 other Law Specialists are ready to help you